Virginia Code Title 2.2. Administration of Government § 2.2-3908. Civil actions by private parties

A. 1. An aggrieved person may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any such civil action may only be filed, if at all, within 90 days of the complainant's receipt of a notice of his right to file a civil action pursuant to § 2.2-3907.

2. An aggrieved person (i) who has been provided a notice of his right to file a civil action pursuant to § 2.2-3907 by the Office or the Equal Employment Opportunity Commission or (ii) if 180 days have passed since a complaint was filed in the Office and the aggrieved person has not been provided a notice of his right to file a civil action may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any person may file an action that is not dual-filed after 180 days have passed since the complaint was filed with the Office of Civil Rights of the Department of Law.